Ward v. Center
New York Supreme Court
THIS was an action on the case, for a deceit. The declaration stated that the defendant, intending to deceive and defraud the plaintiff, falsely and fraudulently affirmed , that one Ebenezer Brown was worth 5,000 dollars, and that, as far as the said defendant had dealings with him, the said Brown had been punctual in his payments, and that he was a responsible man, and thereby falsely, fraudulently and deceitfully procured the plaintiff to sell to the said Brown, upon trust…
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THIS was an action on the case, for a deceit. The declaration stated that the defendant, intending to deceive and defraud the plaintiff, falsely and fraudulently affirmed , that one Ebenezer Brown was worth 5,000 dollars, and that, as far as the said defendant had dealings with him, the said Brown had been punctual in his payments, and that he was a responsible man, and thereby falsely, fraudulently and deceitfully procured the plaintiff to sell to the said Brown, upon trust and credit, goods to the value of 618 dollars and 84 cents ; and also, that the defendant, on the 23d of October, 1806,…
1Opinion of the CourtVan Ness, J.
This is an application for a new trial? on a case made, and the only question now to be determined is, whether the court can deem the verdict so much against the weight of evidence as to justify the setting it aside. Whether this action can be at all sustained, is not the point no\y before us ; whenever that question arises, I shall be prepared to decide upon it.
The case of Pasley v. Freeman,* seems to have been taken for law, but it never has, to my knowledge,, received the sanction of this court. That the principles upon which that decision was made, have been carried far’ enough, has been…
2Cited by10 opinions
- Sargent v.New York Supreme Court · 1825
- MacUllar v. . McKinleyNew York Court of Appeals · 1885
- Lansing v. RussellNew York Supreme Court · 1852
- Sargent v.New York Supreme Court · 1825
- Hathaway v. HelmerNew York Supreme Court · 1857
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